Our User Agreement
Our User Agreement
Last revised: December 01, 2009
Acceptance of Terms
This User Agreement (the “Agreement”) applies to all products and services offered by us through any of our properties, and any country-specific or foreign language versions thereof (collectively, the “Network”). In addition, when using particular Network services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. By using the Network, you are stating that you understand and agree to be bound by the terms and conditions of this agreement. If you disagree with anything in this agreement, please do not use the Network. You agree that we may change the terms and conditions of this Agreement at any time by posting such changes on the Network and that your continued use of the Network after any such posting will constitute your acknowledgment and acceptance of the revised terms and conditions.
Following are some basic rules that apply to the Network and that you agree to follow. If you violate any of the Network rules, or if we have reasonable grounds to so believe, we have the right, in addition to pursuing any and all legal remedies available, to deny you access to the Network, to suspend or terminate your membership without any right of refund to you and to refuse to provide you with any future membership. You agree not to use the Network to:
1. upload, store, post, email or otherwise transmit any: (a) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, bigoted or otherwise objectionable, (b) material that you do not have a right to transmit under any applicable law or under contractual or fiduciary relationships, (c) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (d) advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted, or (e) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. connect in an unauthorized manner (i.e., by means other than the technology provided by us) to the community environment we provide for use by our Members on the Network or facilitate such unauthorized connections through the provision of software or other computer code specifically designed to allow a user to make such unauthorized connections to our community environment;
3. copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the technology or any other software we provide through the Network;
5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Network;
6. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Network are able to type (e.g., “flooding”), or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
7. interfere with or disrupt the Network or servers, networking and computing equipment or networks connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Network;
8. initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in the Network and its component networking or computing equipment, or otherwise initiate, facilitate, or participate in any disruptive action aimed at the Network or the Internet in general;
9. try to gain access to areas that are private to Gay Web Channel or to other Network users;
10. violate any applicable local, state, national or international law or regulation;
11. stalk or otherwise harass another;
12. harm minors in any way, including, without limitation, to establish unlawful contact with minors (whether on or off the Network);
13. collect, intercept or harvest member names; collect, intercept or store personal data about other users of the Network; or solicit or attempt to discover a user’s password, member name, or other registration or usage information without the user’s express knowledge and consent;
14. engage in or run raffles, lotteries, contests, sweepstakes or other games of chance;
15. promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities or activities intended to cause disruption to the Network, promote physical harm or injury, or promote any illegal act or act intended to cause harm or disruption to the Network or the Internet in general;
16. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
17. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s)designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
18. store any information or use any Web page or directory you create, including any member profile or posting in or to a public area, on or through the Network as storage for remote loading or as a door or signpost to another Web page, whether inside or outside the Network.
Our provision of a link to any non-Network site or location is for your convenience and does not signify our endorsement of such non-Network site or location or its contents. We shall not be responsible for any information, software, or links found at any non-Network site or location, or for any transactions conducted at or through any linked non-Network site or location.
Removal of material for which copyright infringement is claimed.
Gay Web Channel respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Gay Web Channel has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your work has been copied and is accessible through the Network in a way that constitutes copyright infringement, please fill out a Notice of Infringement Form and mail it to the following agent of Gay Web Channel for notice of claims of copyright infringement:
Gay Web Channel
Attn: Legal Dept.
New York, NY 10026
The information requested by the Notice of Infringement Form substantively complies
with 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement. Please note that we will, in appropriate circumstances, terminate the account of any Member who repeatedly posts infringing material on the Network.
Choice of Law & Jurisdiction and Venue
You agree that the laws of the State of New York and the United States will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in New York, by New York residents, notwithstanding your actual place of residence or domicile. You agree that all lawsuits arising out of or relating to this Agreement shall be brought exclusively in the Federal or State courts located in the Southern District of New York, New York County, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose
CEO & Founder of GayWebChannel’s Online Gay Social Media LGBT Resource Community
“We’re not an agency; we’re a way of thinking openly for gay social media.”